Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

07/07/95 EX PARTE CLAUD E. HORNSBY III v. PBA

July 7, 1995

EX PARTE CLAUD E. HORNSBY III, ET AL. (IN RE: STATE OF ALABAMA, ETC., ET AL.
v.
PBA FINANCIAL CORPORATION, ETC., ET AL.)



(Bibb Circuit Court, CV-93-58). Jack W. Meigs, TRIAL JUDGE.

Houston, Maddox, Almon, Shores, Cook, and Butts, JJ., concur.

The opinion of the court was delivered by: Houston

PETITION FOR WRIT OF MANDAMUS

HOUSTON, JUSTICE.

Claud E. Hornsby III, C. E. Hornsby, Jr., and Emily J. Hornsby petition this Court for a writ of mandamus directing Bibb County Circuit Judge Jack W. Meigs to vacate an order setting aside a default judgment in their favor. The writ is granted.

The petitioners obtained a default judgment against James Newell on April 5, 1994. That judgment was entered by Bibb County Circuit Judge J. C. Norton. On May 5, 1994, Newell filed a motion to set aside the judgment. Judge Norton held a hearing on the motion; however, he made no ruling on that motion until January 10, 1995; on that date he entered an order purporting to grant the motion and to set aside the default judgment. Judge Norton retired from the bench on January 16, 1995. On January 23, 1995, the petitioners filed a motion to set aside Judge Norton's January 10, 1995, order, arguing that the order was void, under Rule 59.1, Ala.R.Civ.P. Judge Meigs conducted a hearing on that motion and concluded that Judge Norton had had no jurisdiction on January 10, 1995, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.